Appeal No. 1998-0634
Application 08/455,667
Claims 38-43 are rejected under 35 U.S.C. § 112, first
paragraph, as being an improper single means claim(s), or,
alternatively, under 35 U.S.C. § 112, second paragraph, as
failing to particularly point out and distinctly claim the
subject matter which applicant regards as his invention.
Claim 38, although it does not contain the word "means,"
is interpreted to be in means-plus-function format under
35 U.S.C. § 112, sixth paragraph, because the term "apparatus"
does not recite specific structure to perform the two recited
functions of "performs comparison" and "interpolates the input
image signal." The term "apparatus" is considered similar to
a "means" under § 112, sixth paragraph, because it does not
recite specific "structure, material, or acts in support
thereof." Since there is only one "means" (the "apparatus"),
claim 38 is an improper single means claim which is rejected
under 35 U.S.C. § 112, first paragraph. See In re Hyatt,
708 F.2d 712, 714, 218 USPQ 195, 197 (Fed. Cir. 1983). Claims
39-43 are rejected because they depend on a rejected
independent claim, and because they are also single means
claims because they are not directed to a combination.
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